The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-09-15
Tn q OPInIOS.
a Comprehensive nsviswsi ssa Ne.
sision ef she Coars.


OTTAWA, ILL.,, September l4.-Aft.
or reviewing at length ths facts In
connection with the Haymarkst riot,
the fatal bomb throwing and the find.
ings OF the lower court. the opinion
says:
thrown, and that II caused tho death
Il Degan. 10 In conceded that none
Of the convicted threw the bomb with
his own hands. Plaintiffs In errors
are charged with being scces,orles n
the fact. Some Of the counts chargs
that the eight defendan,a above
named being present, aided, abetted
and assisted In the throwing OF the
bomb; others that not being present
siding, abetting, resisting. they nd.
yised, encouraeed, aided aud abeltsd
such throwing, the Illinois statute on
the subj ct IL 40 follows;
"Ohapter 3s, Division 2, Sections 2
and 8: Bee. Am accessory IL he
who stands by and aids, abets or ~.
sists. or who, not being present aid.
ing, abetting or assisting has advised,
encouraged, aided or Abetted the per.
petration OF the crime, and he who
thus aids, sbets, sssists, advises or en.
oourases shall be considered as piinci.
pal and punished accordinsly.
"'sec.3 Eve-y such sccsssory when
q crime 10 committed within or vita.
out this State by aid or procurement
In this State may be indicted or con.
ylcted at the same time As the princi.
pal or before or alter his conviction,
and whether the principal 10 soon .icted
or amenable TO justice and 10 punished
~ principal
tion between scceesories before the
fact and principals by H. All 90.
cessories before the fact sre made
principals. Az the ac,s Of the prinoi.
pal are thus made the acts OF the 40
ceesory, the latter may be charged a.
having done tho acts himself, and may
be Indicted and punished accordingly.
(Bsrter W. People, Gilm. 3s8 (;
Dempsey vs. Poehle, ~ III. 3e0 II,
therefore, the defendants advised, On.
couraged or abetted the killing OF
Dsgan, they are as guilty as though
they took his life with their own
bands. II any OF them stood by snd
aided, abetted or assisted in the
throwing Of the bomb, those who did
40 are AZ guilty s though they threw
II themselves. II 10 charged that de.
iendants formed q common purpose
and wers united In common design
10 aid and encourage the murder oi
tho policemen among whom the bomb
was thrown. II they combined 10 sc
complish such murder by concerted
action tho ordinary law OF conspiracy
IL applicable, and the acts aud decla.
ratlons OF one Of them dsne In fur
therance OF the common design are
In contemplation OF law the acts and
declaration Of all. This prosecution.
however, 10 not for conspiracy ~ q
substantive crime. Proof Of contplraoy
10 only proper 40 far an II may tend 10
show q common design 10 enc0ursgs
the murder charged assinst the pris-
oners. II may be introduced Tor the
purpose Of establishing the position OF
the members of the combustion m
accessories Ia the crime OF murder.
rhe questions which thus present
themselves are these.
"Did the defendants have q common
purpose or design 10 advise, eneour.
age, aid or abet the murder of tho
police7
"Did they combine together and with
others with q view 10 ciuying that
purpose or design into e1ectf
"Dld they, or either or any of them,